Common Workplace Accident Myths In NY

New York's workers' compensation law allows injured employees to file workplace injury claims to cover medical expenses and lost wages they have suffered after being injured on the job.

While this is a great tool for New Yorkers to use whenever they are involved in work-related accidents, many people shy away from using the workers' compensation system because of the many myths about the process.

This article will seek to debunk these myths and set the record straight regarding the rights of New York workers who have suffered workplace injuries. Our team can also share insight on common dog bite injury myths in NY.

Without further delay, here are six common workplace accident myths in NY that injured workers need to know:

Myth 1 - Small Accidents Do Not Qualify for Workers' Compensation Benefits

The New York workers' compensation process is the same for all types of injuries. That means an employee with a bump on the head has as much right to file a workers' compensation claim as another worker who has suffered traumatic brain injury.

This also means that filing a workers' compensation is the same for employees in high-risk industries, such as construction, as it is for those who work relatively safe jobs, such as office workers.

What differs may be the amount of workers' compensation benefits that the injured workers may receive, as this is based on a wide range of factors, including the severity of the injuries sustained.

Myth 2 - Injured Workers Who Are Partly to Blame Cannot File a Workers' Compensation Claim

In New York, the workers' compensation system operates on a no-fault basis. This means the injured workers are entitled to receive workers' compensation benefits no matter who was at fault for the injury.

All that needs to be determined by the employer's insurance company is whether the accident happened while the worker was conducting their normal duties because only a work-related injury will be covered.

Here, it is important to note that if a worker is found to be partly at fault for the injuries they sustained, this will affect the compensation they receive.

Myth 3 - Workers' Compensation Covers Only Medical Expenses

While, in most cases, medical bills are the biggest concern for injured employees, workers' compensation benefits extend beyond that.

After medical expenses have been covered, workers can also receive other benefits, such as lost wages, disability, reduced earning capacity, and physical therapy.

A workers' compensation claim aims to provide comprehensive support to the injured worker until such a time, if ever, they can return to their normal duties.

Having proper legal representation may help ensure that enough money is awarded to not only treat injured workers but ensure that all their family's needs are catered to.

Myth 4 - Workers Need to Fear Retaliation If They Seek Workers' Compensation

One of the main reasons why a New York employee may choose to avoid seeking compensation for a workplace injury is the fear of retaliation.

Many workers believe that their company will punish them if they seek medical benefits after, for example, being involved in a construction accident.

However, this is not the case with reputable companies because they will likely already have a workers' comp policy with an insurance company to handle such cases.

Besides, New York workers' compensation laws strictly prohibit employers from discriminating against, demoting, or firing workers for seeking workers' compensation benefits.

Myth 5 - Returning to Work Cancels the Right to Workers' Compensation

Unless they have suffered permanent injuries, workers would want to return to work at some point. However, one of the most common misconceptions is that returning to work will mean they will no longer receive their workers' comp benefits.

Each claim depends on the particular circumstances of how the injury occurred. In most cases, the injured worker only needs to provide medical records that show how they were injured while conducting their duties.

Returning to work should simply be viewed as a sign of progress regarding the worker's injury. In some cases, if they are unable to resume their normal duties, they may still be entitled to receive an adjusted rate of their benefits.

Myth 6 - Injured Workers Do Not Need a Workers' Compensation Lawyer

Finally, when seeking benefits from an employer or their insurance company, there may be many obstacles along the way. This can be the case even when there is overwhelming evidence supporting the worker's claim.

The complexities of New York occupational safety laws may also result in injured workers being taken advantage of by insurance companies. As such, there is no substitute for having an experienced workers' compensation attorney when seeking compensation.

With a good attorney on their side, workers do not run the risk of missing important legal deadlines or making mistakes when filing their paperwork. For more information, a Long Island personal injury attorney may be able to help.

Common Mistakes to Avoid When Filing a Workers' Comp Claim

One of the reasons why these injured workers are so quick to believe some of these myths is because of the mistakes they make when filing their claims. Such errors can make receiving benefits a lot more complicated than it has to be.

As such, it is important to know and avoid the following common mistakes that complicate the workers' compensation process:

Not seeking immediate medical attention
Failing to report an injury or workplace accident immediately to their supervisors or managers
Not following the doctor's orders while recovering from an injury
Returning to work too soon after the injury before allowing themselves time to heal
Making assumptions regarding what is covered or not under their workers' compensation policy
Not gathering evidence or taking note of witnesses to the incident
Choosing to go against their employer's insurance company without hiring a good lawyer

The Law Office of Carl Maltese - Top-rated Long Island Workers' Compensation Attorneys

New York Law is designed to protect workers who get injured while performing their duties for their employers. However, receiving fair compensation for medical bills and lost wages is not always a simple matter. Debunking common wrongful death myths in NY is also a service our team can provide.

Besides the complexity of workers' compensation law in New York, there is also the issue of stubborn insurance companies that want to avoid liability at all costs.

This is where the Law Office of Carl Maltese comes in. Injured employees can call and set up a free consultation to discuss the merits of their workers' compensation claim today.

Debunking Six Common Workplace Accident Myths in NY